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Posted in Fourth Amendment on July 6, 2025
A Centre County judge ruled that a vehicle stop and subsequent search of a vehicle were unconstitutional, resulting in the suppression of nearly an ounce of marijuana and related paraphernalia. The case, Commonwealth v. Max Jean, serves as a critical reminder of the legal protections against unreasonable searches and seizures, particularly when police rely on odor-based… view more
Posted in DUI on July 3, 2025
The Pennsylvania Superior Court recently issued a published opinion in Commonwealth v. Greene, reaffirming that police officers’ improper “expert” opinions at trial may be harmless error when other evidence overwhelmingly supports a conviction. The case offers important lessons for both defense attorneys and drivers facing DUI drug charges in Pennsylvania. The Facts: Traffic Stop Leads… view more
Posted in 2nd Amendment on July 3, 2025
In a significant ruling for gun owners in Pennsylvania, the Third Circuit Court of Appeals struck down Pennsylvania’s ban preventing 18-to-20-year-olds from carrying firearms during declared states of emergency. The Court ruled that these restrictions violate the Second Amendment right to bear arms. This decision, issued on January 18, 2024, in Lara, et al. v…. view more
Posted in DUI on July 2, 2025
Commonwealth v. Gause, 164 A.3d 532 (Pa. Super. 2017) In a significant win for due process and evidentiary standards, the Pennsylvania Superior Court vacated a York County man’s DUI conviction after finding that police improperly offered “expert-like” testimony without the proper qualifications. The Traffic Stop and DUI Charges In Commonwealth v. Gause, police stopped Gause… view more
Posted in 2nd Amendment on July 2, 2025
The Pennsylvania Superior Court recently issued a significant opinion in Commonwealth v. Williams, 2025 PA Super 137, reinforcing the constitutionality of Pennsylvania’s firearm license requirements for individuals under 21. The Case: Commonwealth v. Williams In April 2023, Williams, a 19-year-old, was stopped during a routine traffic stop in York County. During the stop, police discovered… view more
Posted in Fourth Amendment on June 29, 2025
Police often look for any reason to conduct a traffic stop to conduct a further investigation and look for drugs or guns. Such stops are called “pretextual”. Such stops routinely occur on interstate 80 in Centre County. The police conduct stops for people that follow too closely, have tinted windows, or drive in the left… view more
Posted in Fourth Amendment on June 29, 2025
Can Police Still Use the Smell of Marijuana to Justify a Search in Pennsylvania? As marijuana laws continue to evolve, many Pennsylvanians wonder whether police officers can still rely on the smell of marijuana to justify a search of a home, vehicle, or other property. A recent Pennsylvania Superior Court decision, Commonwealth v. Batista, confirms… view more
Posted in DUI on June 29, 2025
If you are charged with DUI in Pennsylvania, you may wonder whether your refusal to submit to a blood test can be used as evidence against you at trial. The short answer: yes, it can. In the recent case of Commonwealth v. Bell, the Pennsylvania Supreme Court confirmed that police and prosecutors are permitted to… view more
Posted in DUI on June 29, 2025
The Pennsylvania Superior Court recently vacated a York County woman’s convictions for Driving Under the Influence (DUI) and Endangering the Welfare of a Child (EWOC) after ruling that the trial court improperly excluded expert testimony that could have helped her defense. This case serves as a crucial reminder that, even in DUI and drug-related cases,… view more
Posted in Fourth Amendment on June 29, 2025
The Pennsylvania Superior Court recently issued a decision that reinforces the rights of homeowners to be free from warrantless police searches. In Commonwealth v. Duke, the Court ruled that evidence obtained from an illegal search of a man’s garage must be suppressed, leading to the dismissal of his marijuana manufacturing conviction. This case highlights the… view more
